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Utah's Marriage Fight Continues

Everyone is reading tea leaves about this, but we won't know until the fall term what the supreme intentions are. I actually disagree with the Supreme Court's operating practices. It does not publish opinions on motions typically, and does not publish votes on them. I think Congress should order it honestly.
 
Alnitak said:
I don't know what SCOTUS was thinking, but it was a BIG mistake throwing in the wrench like that after even the conservative 10th denied a stay three times.
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Bush v. Gore, Citizens United, Holder vs. Humanitarian Law Project, Berghuis v. Thompkins, and Shelby County v. Holder.

This court doesn't think.
 
Alnitak said:
Everyone is reading tea leaves about this, but we won't know until the fall term what the supreme intentions are. I actually disagree with the Supreme Court's operating practices. It does not publish opinions on motions typically, and does not publish votes on them. I think Congress should order it honestly.
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"Supreme intentions" -- heh.
 
Alnitak said:
The funny thing is there were no dissents.
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Yeah, that stunned me, as well.

SCOTUS overruled three lower court refusals to grant stays. Their own rules demand that they respect lower court decisions unless there has been a demonstrable error by the lower courts. Not only has there been no demonstrable error, but Utah's claims of injury are laughable. While the injury to homosexuals in Utah by granting a stay is quite clearly demonstrable.

And yet not a single dissent.
 
T-Rexx said:
Bush v. Gore, Citizens United, Holder vs. Humanitarian Law Project, Berghuis v. Thompkins, and Shelby County v. Holder.

This court doesn't think.
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Just taking one, Citizens United, shows they do. That decision took some very creative thinking in order to both uphold the free speech of common citizens while opening the floodgates for "free speech" for inanimate objects -- it may be the classic case of the right decision for all the wrong reasons; they managed to totally leave personhood out of the equation by pretending that since the First Amendment doesn't specifically say that free speech belongs to entities endowed with speech in the first place -- i.e., human beings -- then anything at all has speech... and in so doing declared without saying so that the only speech that counts is money. All that wasn't managed by not thinking.
 
T-Rexx said:
Yeah, that stunned me, as well.

SCOTUS overruled three lower court refusals to grant stays. Their own rules demand that they respect lower court decisions unless there has been a demonstrable error by the lower courts. Not only has there been no demonstrable error, but Utah's claims of injury are laughable. While the injury to homosexuals in Utah by granting a stay is quite clearly demonstrable.

And yet not a single dissent.
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They don't have to respect lower court decisions if they think it's in the country's interests to put something on hold.

But the lack of dissent tells us something is up. I wouldn't be at all surprised if Roberts is negotiating some deals on other coming cases, offering to hand a big victory on same-sex marriage in return for some victories of his own on other topics. I just hope what he's angling for are individual rights such as firming up firearms rights, and not issues that will han even more power in the country over to corporations.
 
T-Rexx said:
Yeah, that stunned me, as well.

SCOTUS overruled three lower court refusals to grant stays.
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There were four. One from Shelby and three from the 10th.

It very well may be that SCOTUS is scared of new things and now they see the Big Tamale coming. Just for example when technology questions come up they all just wring their hands.
 
Kulindahr said:
I wouldn't be at all surprised if Roberts is negotiating some deals on other coming cases, offering to hand a big victory on same-sex marriage in return for some victories of his own on other topics. I just hope what he's angling for are individual rights such as firming up firearms rights, and not issues that will han even more power in the country over to corporations.
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I don't think he has that kind of negotiating power on this issue, and if you weigh the comments, the swing vote could actually be Ginsburg.
 
Kulindahr said:
But the lack of dissent tells us something is up. I wouldn't be at all surprised if Roberts is negotiating some deals on other coming cases, offering to hand a big victory on same-sex marriage in return for some victories of his own on other topics.
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Never attribute to genius that which can be explained by stupidity.

This court has an atrocious record.

They may yet do the right thing on gay marriage. But, to date, they have gone out of their way to avoid doing exactly that.
 
T-Rexx said:
Never attribute to genius that which can be explained by stupidity.

This court has an atrocious record.

They may yet do the right thing on gay marriage. But, to date, they have gone out of their way to avoid doing exactly that.
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I have to agree. The stay was a slip of judgment plain and simple. It does good to nobody and just makes a complicated legal matter even worse. Thankfully, it should be over quickly as per the appeals order.
 
On a separate but related issue, Utah is getting closer to passing a statewide non-discrimination law, but it's not entirely clear if the latest developments help or hinder it.

Same-sex marriage debate could impact proposed Utah nondiscrimination bill

The article notes that Utah was the first state to issue marriages without having such legal protections statewide, although 43% of Utahans live in a county/city with a non-discrimination ordinance. A bill was cleared by a Senate committee and that's as far as it got last year.
 
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